Chapter 342L — Chapter 342L

PART I. DEFINITIONS AND GENERAL PROVISIONS §342L-1 Definitions. As used in this chapter, unless the context otherwise requires: "Complaint" means any written charge filed with or by the department that a person is violating or has violated any provision of this chapter or any rul…

§342L-10 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 for each individual tank for each day of each violation. Each day…

§342L-11 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director may impose by order the penalties specified in section 342L-10. (b) Factors to be considered in imposing…

§342L-11.5 REPEALED. L 1992, c 259, §34.

§342L-12 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent or stop any violation of this chapter, any rule adopted pursuant to this chapter, or any permit or varia…

§342L-13 Appeal. If any party is aggrieved by an order of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in …

§342L-14 Fees. Notwithstanding section 342L-36.5 to the contrary, the director may establish reasonable fees for the registration of underground storage tanks or tank systems, for the issuance, renewal, and modification of permits and variances to cover the cost of issuance there…

§342L-15 Public records; confidential information. Reports and records submitted to the department by any person on the ownership, installation, or operation of underground storage tanks or tank systems shall be made available for inspection by the public during established offic…

§342L-16 Nonliability of department personnel. Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of…

§342L-20 Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Any county may adopt ordinances and rules governing any matter relating to underground storage tanks or tank systems that are gov…

§342L-22 REPEALED. L 1992, c 259, §35.

§342L-3 Powers; rulemaking; appointment of hearings officers. (a) The director may adopt, amend, and repeal state rules controlling and regulating underground storage tanks and tank systems. All rules shall be adopted pursuant to chapter 91. (b) In addition to other specific powe…

PART II. UNDERGROUND STORAGE TANK REGULATION §342L-30 Notification requirements. (a) Except as provided in subsection (c), the owner of an existing underground storage tank or existing tank system shall notify the department by December 31, 1989, of the existence of the tank or t…

§342L-31 Permit requirements and transfer of permit. (a) No person shall install or operate an underground storage tank or tank system brought into use after the effective date of the tank or tank system standards established in section 342L-32 unless a permit is obtained from th…

§342L-32 Standards for tanks and tank systems. (a) The department shall adopt standards under chapter 91 which shall apply to underground storage tanks and tank systems. (b) Underground storage tank and tank system standards shall include, but are not limited to the following spe…

§342L-33 Release detection. The department, pursuant to chapter 91, shall adopt standards of performance for maintaining a release detection system, including, but not limited to, inventory control, tightness testing, and any other methods designed to identify releases from the u…

§342L-34 Reporting of releases. The department, pursuant to chapter 91, shall adopt requirements for reporting suspected or confirmed releases and action taken in response to a suspected or confirmed release from an underground storage tank or tank system. [L 1989, c 212, pt of §…

§342L-35 Response to suspected or confirmed releases. The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include a…

§342L-36 Financial responsibility. (a) The department, pursuant to chapter 91, shall adopt requirements for maintaining evidence of financial responsibility for taking response action and compensating third parties for bodily injury and property damage caused by any accidental re…

§342L-36.5 REPEALED. L 1992, c 259, §33.

§342L-37 Underground storage tank and tank system change in service and closure requirements. Nothing in this chapter shall be construed to relieve the owners and operators of underground storage tanks and tank systems that have been removed from the ground of any responsibility …

§342L-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the department. (b) The department may require that applications for such permits shall be accompanied by plans, specifications, and such other informat…

§342L-5 Variances allowed. Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, may be varied by the dep…

PART III. DEPARTMENT RESPONSE PROGRAM FOR PETROLEUM RELEASES §342L-50 Definitions. For the purpose of this part: "Exposure assessment" means a determination regarding the extent of exposure of, or potential for exposure of, individuals to petroleum from a release from an undergro…

§342L-51 Leaking underground storage tank fund. (a) The department shall establish a revolving fund within the department which shall consist of moneys appropriated to the fund through federal grants, moneys appropriated to the fund by the legislature, moneys paid to the fund as …

§342L-53 Cost recovery. (a) Whenever costs have been incurred by the department in the undertaking of a response action or enforcement action with respect to the release of petroleum from an underground storage tank or tank system, the owner or operator of the tank or tank system…

§342L-6 Variances; procedures for. (a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not fully conform to standards, and such oth…

§342L-8 Enforcement. (a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter, the director may do one or more of the follo…

§342L-9 Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to human health and safety or the environment is or will be caused by: that requires immediate action, the governor or the di…